LD 1177
pg. 2
Page 1 of 2 An Act To Limit the Early Release of Persons Convicted of Certain Crimes LD 1177 Title Page
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LR 457
Item 1

 
(1) The order for release may include includes conditions
determined appropriate by the court, including, but not
limited to, out-patient outpatient treatment and
supervision by the Department of Health and Human
Services, Division of Mental Health.__If the order for
release covers a person found not criminally
responsible by reason of mental disease or mental
defect under section 103 for the crime of murder or a
Class A crime, the order must specifically direct the
department to provide the level of supervision
necessary to ensure that the person takes any
medication as prescribed and complies with any other
conditions of release; and

 
(2) The order for release includes the condition that the
person must be returned to the institution immediately
upon the order of the commissioner whenever the person
fails to comply with other conditions of release
ordered by the court; or

 
B. Discharge from the custody of the Commissioner of Health
and Human Services.

 
Release from the institution is subject to annual review by the
court and, except for return as ordered by the commissioner under
paragraph A, subparagraph (1), must continue until terminated by
the court. Each person released under this section shall remain
in the custody of the commissioner. The Commissioner of Health
and Human Services shall inform the public safety officer of the
municipality or the sheriff's office of the county into which the
person is released of the release.

 
SUMMARY

 
This bill requires that before a person who has been found not
criminally responsible for the crime of murder or a Class A crime
by reason of mental disease or mental defect may be released from
institutional commitment, the Department of Health and Human
Services must identify the level of supervision needed to ensure
that the person takes any medication as prescribed and complies
with any other conditions of release. The bill also requires
that the court order for release direct the Department of Health
and Human Services to provide the necessary level of supervision.


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